OIL AND GAS INDUSTRY CONSERVATION PLAN (ICP) FOR THE AMERICAN BURYING BEETLE IN OKLAHOMA

The U.S. Fish and Wildlife Service (Service) has approved an amendment to the American Burying Beetle Industry Conservation Plan (ABB ICP). The plan, originally approved in 2014, provides the oil and gas industry in Oklahoma a streamlined Endangered Species Act (ESA) permitting process for activities that may impact the American burying beetle (ABB). The Service is also announcing the availability of the final environmental assessment on the amendment.

In the interest of providing industry with greater certainty while continuing to ensure the conservation of the American burying beetle, the Service amended the ABB ICP to extend it for three years (through May 20, 2019). In addition to extending the ABB ICP timeframe, the amendment: extends the construction period for permitted projects until May 20, 2025; extends operations and maintenance coverage for activities including maintenance of right-of-ways and repairing pipelines until May 20, 2039; and removes requirements that all projects must be completely located within the planning area. The amendment does not change the amount of take authorized under the 2014 ABB ICP and no additional acreage will be impacted.

CURRENT DOCUMENTS AND STEPS

Total take (in acres) allowed under
the ICP: 32,234
Current take (acres) issued through Individual Project
Packages under the ICP: 432

You should utilize the Service's Eligibility Determination
document below to help with deciding whether your project,
or projects, may be eligible for an Endangered Species
Act (ESA) section 10(a)(1)(B) permit under the ICP. The
ICP is designed to cover oil and gas related activities
that overlap with ABBs and their habitat within Oklahoma.
If eligible, the Eligibility Determination document will
inform you of the next steps.

Before project initiation, permittees are required to submit IPPs for Covered Activities occurring in the Planning Area. IPPs may be submitted at the same time as the ICP application and all IPPs must be submitted by May 20, 2022. Section 7.2.1 of the ICP provides additional information on IPPs. These IPPs must be approved by the Service for use under the issued Permit prior to initiation of Covered Activities.

For those Individual Project Packages that require
no additional Service review, a self–certification option
is available. If your project meets the following criteria,
it is eligible for self-certification:

Assumed ABB presence for the entire project area

All habitat/soils impacted by the project are considered
suitable for ABBs

All impacts are identified as permanent, as defined
in the ICP

All mitigation is in accordance with the mitigation
ratios in the ICP and is completed prior to habitat
impacts

All project-specific impacts and mitigation must
be described in the IPP and Annual Report

All applicable items identified in the IPP Checklist
will be provided with your self-certification

Projects that meet the above criteria do not need further
Service review and are eligible for self-certification.

If you have determined your project meets the self-certification
requirements, please follow these steps:

Review and complete the IPP checklist along with
a complete IPP (above)

Information contained in the ICP is based on the best
scientific and commercial data available at the time
of its development. It is possible that new scientific
and commercial data will become available, which will
result in relevant documents being updated on this website.
The following documents reflect the Services latest
guidance related to the ICP and ABBs.